Calcutta High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Statutory Rules Supersede Old Practices: Kerala High Court Rejects Direct Appointments in Devaswom Board Arbitration Award Challenge Beyond Limitation Period Is Time-Barred: Supreme Court Supreme Court Holds Registration Under Section 8 of MSMED Act Not Mandatory for Referring Disputes to Facilitation Council Post-Qualification Experience Not Mandatory for Teaching Cadre Promotions Under Kerala Medical Education Service Rules: Supreme Court Non-Compliance of Restitution Decree Does Not Bar Maintenance Under Section 125 Cr.P.C.: Supreme Court NDPS | Compliance with Section 50 of NDPS Act is mandatory and non-negotiable: Punjab and Haryana High Court Rajasthan High Court: 'Criminal Action Cannot Be Used to Settle Civil Disputes,' Quashes FIR Against Simara Foods Pvt. Ltd." "Criminal Law Cannot Settle Civil Disputes" — Quashes FIR in Family Property Feud: Rajasthan High Court Higher Qualification Presupposes Lower Qualification’ in Tradesman Appointment Case: Kerala High Court Upheld B.Tech degree holder’s appointment as Tradesman Punjab and Haryana High Court Grants Custody of Minor Child to Biological Father, Sets Visitation Rights for Maternal Grandparents Employee Earning Above Salary Ceiling and Performing Supervisory Duties Not a ‘Workman’ Under Industrial Disputes Act: AP High Court Use of Modified Trademark 'MAHINDRA ZEO' Does Not Infringe Plaintiff’s 'EZIO': Delhi High Court

(1) Government of NCT of Delhi … Appellant Vs. Ravinder Kumar Jain & Ors. … Respondents D.D 18/05/2023

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Locus of subsequent buyer to invoke Section 24(2) - Held, a subsequent buyer of the land after the completion of the acquisition process does not have the locus to invoke Section 24(2) of the 2013 Act to claim that the acquisition has lapsed. The rights under Section 24(2) a...

REPORTABLE # Civil Appeal No.3621 of 2023 Docid 2023 LEJ Civil SC 38

(2) SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE …APPELLANT Vs. STATE OF TAMIL NADU AND ORS. …RESPONDENTS D.D 18/05/2023

Muslim Law - Wakf - Creation of wakf - Requirements - Property dedicated for pious, religious, or charitable purposes - Express dedication or inferred from facts and circumstances - Long usage for religious or public charitable purposes - No evidence of express dedication or long usage in present case - Suit land not established as wakf property. [Para 25-30] Wakf Act, 1954 - Notification decla...

REPORTABLE # CIVIL APPEAL NOS. 7467-7470 OF 2014 Docid 2023 LEJ Civil SC 32

(3) SEBIL ELANJIMPALLY Appellant(s) Vs. THE STATE OF ODISHA Respondent D.D 18/05/2023

Bail application - Rejection of - Co-accused released on bail not surrendering - Whether a relevant factor to decline bail to the appellant - Held, no - Co-accused's actions cannot be attributed to the appellant - Matter requires reconsideration by the High Court. Narcotic Drugs and Psychotropic Substances Act, 1985 - Offenses under Section 20(b)(ii)(C) - Bail application - Rejection of - C...

REPORTABLE # CRIMINAL APPEAL NO. 1578 OF 2023 (Arising out of SLP (Crl.) No. 3518 of 2023) Docid 2023 LEJ Crim SC 80

(4) State of Uttarakhand and Anr. .… Appellants Vs. Ravi Kumar (Deceased) through LRs and others …. Respondents D.D 18/05/2023

Land ownership dispute - Nature of Sale Deed - Inconsistent stand by Respondents - Need for clarification on whether it pertains to sale of leasehold rights or title per se - High Court's parallel findings on the nature of Sale Deed criticized - Sale Deed appears to indicate sale of title rather than leasehold rights. (Para 34-38) Determination of 1924 Lease Deed - Breach of condition of pr...

REPORTABLE # CIVIL APPEAL NO. 4983 OF 2009 CIVIL APPEAL NO. 4988 OF 2009 CIVIL APPEAL NO. 4984 OF 2009 CIVIL APPEAL NO. 4985 OF 2009 CONTEMPT PETITION (CIVIL) NO. 165-168 OF 2007 CIVIL APPEAL NO. 4983 OF 2009 CIVIL APPEAL NO. 4989-4992 OF 2009 Docid 2023 LEJ Civil SC 20

(5) The Indian Oil Corporation & Ors. … Appellant(s) Vs. Ajit Kumar Singh & Anr. … Respondent(s) D.D 17/05/2023

Judicial Review - Scope of interference in disciplinary proceedings - The High Court exceeded its scope of judicial review by reappreciating the entire evidence as if it were a criminal trial - Judicial review is limited to evaluating the decision-making process and ensuring fairness - Interference is warranted only in cases of violation of natural justice, statutory rules, absence of evidence, pe...

REPORTABLE # Civil Appeal No. 3663 of 2023 Docid 2023 LEJ Civil SC 45

(6) NATIONAL INSURANCE COMPANY LTD. .....APPELLANT Vs. VEDIC RESORTS AND HOTELS PVT. LTD. .....RESPONDENT D.D 17/05/2023

Consumer Protection Act, 1986 - Section 23 - Civil Appeal - Challenge to the judgment and order of the National Consumer Disputes Redressal Commission - Insurance company repudiating the claim of the insured - Appellant alleging loss caused by malicious act - Burden of proof on insurer - Insurer failed to establish loss caused by malicious act - Surveyor's report opined loss due to insured per...

REPORTABLE # CIVIL APPEAL NO. 4979 OF 2019 Docid 2023 LEJ Civil SC 49

(7) Kamukayi & Ors. …Appellants Vs. Union of India and Ors. ...Respondents D.D 16/05/2023

Railway accident – Compensation – Bona fide passenger – Burden of proof – Claimants filed claim petition seeking compensation for death of deceased in untoward incident – Initial burden on claimants to prove deceased was a bona fide passenger – Claimants established deceased’s status as bona fide passenger [Para 18] – Burden shifted to Railway Admini...

REPORTABLE # CIVIL APPEAL NO. 3799 OF 2023 Docid 2023 LEJ Civil SC 65

(8) M/s.D.N. SINGH ..APPELLANT(S) Vs. COMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER ..RESPONDENT(S) D.D 16/05/2023

Income Tax - Assessment Year 1995-1996 - Appellants were engaged in the transportation business and were found to be in possession of bitumen without proper documentation - Assessing Officer treated the value of the bitumen as unexplained money and made additions to the appellant's income under Section 69A of the Income Tax Act - Commissioner of Appeals deleted the addition - High Court revers...

REPORTABLE # CIVIL APPEAL NO(S).3738-3739 OF 2023 (Arising out of SLP(C) No(S).10617-10618 OF 2023 @ Diary No(s).7803 of 2018) Docid 2023 LEJ Civil SC 20

(9) Jini Dhanrajgir & Anr. … Appellants Vs. Shibu Mathew & Anr. Etc. …Respondents D.D 16/05/2023

Execution of decree – Objections raised by third parties – Exclusive jurisdiction of executing court – Section 47 of the Civil Procedure Code (CPC) mandates that the court executing the decree shall determine all questions arising between the parties to the suit or their representatives in relation to the execution, discharge, or satisfaction of the decree – Rules 97 to 106...

REPORTABLE # CIVIL APPEAL NOS. 3758 – 3796 /2023 [ARISING OUT OF SLP(C) NOS.28258-28296/2018] CONTEMPT PETITION(C) NO.2091/2018 SPECIAL LEAVE PETITION (C) NO.24344/2014 Docid 2023 LEJ Civil SC 11